A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 13, 2007, the Defendant was sentenced to a summary order of KRW 700,000 for the crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 1.5 million for the same crime at the Changwon District Court on May 20, 2013, and three times of records of punishment for drinking driving.

【Criminal Facts】

On June 21, 2019, around 23:20 on June 21, 2019, the Defendant driven an Efranchising car with approximately approximately 200 meters alcohol concentration 0.121% under the influence of alcohol in the section from the Do in front of the Kimhae-si to the D neighboring road in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) that prescribes the applicable law to facts constituting an offense and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime, and determining the sentence as ordered by taking account of the following circumstances.

D. Unfavorable circumstances: The defendant's driving under the influence of alcohol concentration of 0.121%, resulting in a significant risk to the life and safety of others, as well as the crime of this case, in that the defendant committed the crime of this case without being aware of the fact that he had been punished three times for the same kind of crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

The defendant has no record of criminal punishment beyond a fine.